If you are a residential landlord in Massachusetts, you may not have realized that you might be subject to the Consumer Protection Act, aka Chapter 93A, which makes it illegal for a landlord to threaten, attempt, or use any unfair or deceptive acts against you or someone in your house. This means that you might be subject to a lawsuit alleging that you have violated this law against one of your tenants, exposing you (as the landlord) to treble damages under the Act.

“I’m a Small-Time Landlord, I Don’t Think I’m Liable.”

Here how this law works…if you are a landlord and you live within the same building as your tenant(s) and the building is a 2-3 family building, and you use the rent money to pay the costs associated with running the building then you are correct…you probably are not affected by the Consumer Protection Act. However, all others will definitely be subject to the Consumer Protection Act and must understand how to respond in the event that a violation of the Act is alleged, and a Demand Letter sent to the landlord.

What Kind of Activity Would Spark a 93A Violation Claim?

Landlords can be under a great deal of stress as tenant relationships can be demanding and sometimes place unreasonable burdens on the landlord. Still, in the eyes of Massachusetts law, no amount of unreason prevents a tenant from alleging a violation of the Act. So, it is critical that every Massachusetts landlord knows how to respond to such a violation should a demand letter arrive.

Below is a non exhaustive list of the common types of activity considered to raise fairness or deception claims under the Act:

Code violations of any type

Attorney General regulation violations relative to consumer protection

Retaliation

Unfair debt collection

Refusing to repair after sufficient notice by a tenant

Violations of the right to quiet enjoyment, a breach of the warranty of habitability

Violations of the security deposit law

Tailoring notices to appear as though they originate from a court

Refusing to accept court paperwork from a tenant

Illegal or omitted lease terms

A landlord’s non-provision of a lease copy within 30 days of execution

Any other activity by a landlord that is unfair or deceptive

The Massachusetts Demand Letter

It is often a surprise to landlords operating in Massachusetts that the Consumer Protection Act applies to many of them. Landlords need to be informed of the requirements that a tenant must follow when issuing a demand letter of a landlord, as well as the corresponding requirements of the landlord under the Act.

First, the tenant must send a demand letter prior to filing a lawsuit (30 days prior to filing a complaint under the Act). This demand letter must necessarily explain the violation of the law and submit to the landlord an appropriate remedy. The landlord’s actions or inaction must be sufficiently described, state the injury to the tenant, state the method of relieving the issue and finally, request a reasonable settlement. *

*NOTE: a demand letter is not required where the consumer protection claim under the Act has been raised by a tenant as part of a counterclaim in an eviction case filed by a landlord.

Second, upon receipt of the demand letter the landlord has 30 days to respond in writing. Failure on the landlord’s part to reply within the 30 days allowed by the Act allows the tenant the right to file a consumer protection claim in a Massachusetts court. Also, landlord’s need to realize that the tenant has the ability to sue the landlord in a Massachusetts court if the tenant does not agree with any offer made as settlement or remedy as made in the response to the demand letter by the landlord.

The statute of limitations on a suit under the Consumer Protection Act must currently be made by the tenant within four years of the occurrence of the landlord’s unfair or deceptive act.

DISCLAIMER: The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.